Master Policy

Master Policy

1.0 Introduction

This policy governs the Cedar City Public Library. It may be amended from time to time by proper authority and through proper procedure. Any question to policy, authority, ethics or legality should be measured against this policy and against the laws and administrative rules of the State of Utah and of Cedar City.

In forming and administering this policy, Cedar City does not discriminate on the basis of race, color, national origin, sex, religion, or disability.

This document combines and/or correlates and may amend former policies as they were established prior to the passage of this document.

1.1 Definitions:

Board: The Cedar City Library Board as appointed by the City Mayor and confirmed by the City Council. Other terms used in literature include: Trustee, Director (meaning a member of the Board of Directors or Board of Trustees, not the Library Director), Board Member, and similar terms.

Circulation: The processes of checking out, checking in and re-shelving materials.

City: Cedar City Corporation, a body politic of the State of Utah.

Director: The Director of the Cedar City Public Library. Not used to refer to a member of the Board of Directors or Board Member (see Trustee, below).

Fee: Charges for services, room use and damaged materials.

Fine: Charges for overdue materials.

Governing Body: The duly elected City Council of Cedar City, acting as a whole, with a quorum present, under prescribed legal and lawful manner.

Library: The Cedar City Public Library, Cedar City Library, Cedar City Library in the Park or any reference to the public library as established by Cedar City Ordinance Title 22.

Library Card or “Card”: A document issued by the Library granting to the account holder permission to remove materials from the Library.

Patron: A person who has obtained a library account or any person who is in attendance at the Library.

Trustee: Trustee shall be used to refer to any “Director,” “Trustee,” “Member,” or “Board Member” when not referring to the “Library Director” or Librarian.

USC: Utah State Code (unannotated version used)

USL: Utah State Library, a division of the Utah Department of Community and Culture.

2.0 Authority to Establish a Library

            The Cedar City Public Library operates under authority of USC 9-7-401 et. seq., and Cedar City Ordinance, Chapter 22. Any conflict herein shall first be resolved by (1) appeal to those governing authorities and (2) through considered action by the Board. Either or both resolutions will be reviewed by appropriate legal counsel. Information regarding conflicts may also be sought from USL, the Utah Library Association and/or the American Library Association.

3.0 Authority to Establish a Library Board

            In order to “establish and maintain a public library” the city governing body must appoint a library board of qualified or fit “citizens of the city.” The board must consist of between five (5) and nine (9) members, whose terms begin July 1 of the appointed year, and of which only one member may be of the city governing body. Board members serve without personal compensation, but the Library may budget and pay for expenses “incurred in the performance of their official duty” [USC 9-7-402(1-3)].

            City Ordinance fixes the number of Trustees at seven (7) [22-2(1)].

            City ordinance closely parallels USC language but mandates, additionally, that “An Iron County Commissioner who is a resident of Cedar City, or a Cedar City Resident as designee” be appointed, assumedly to give voice to county residents who are allowed to use the Library free of charge [Cedar City Ordinance, 22-2-1(B)].

            USC 9-7-403(2) indicates that no board member may serve more than two (2) consecutive full terms. Cedar City Ordinance 22-5(2) further restricts the language indicated in USC by limiting the calculation of terms thus, “Appointment of an individual to serve out the unexpired term of a Trustee shall apply to the calculation of the individual’s two (2) terms in office.”

3.1 Removal from the Library Board:

            Removal of a Board Member from office shall be for misconduct, neglect of duty [USC 9-7-403(4) and Cedar City Ordinance 22-4(1)], or for the commission of a criminal act or violation of the Utah Public Employees Ethics Act.

Negligence: It shall be the policy of the Board that any Board Member that has three (3) unexcused absences in any twelve (12) month period or two (2) consecutive unexcused absences shall be considered negligent and subject to removal under the process outlined by City Ordinance 22-7(1)(2).  An unexcused absence is defined as an absence in which the Board Chairperson, Board Secretary, or Library Director is not notified of the Board Members’ absence prior to the Board Meeting.

3.2 Vacancies on the Board

Vacancies on the Board shall be reported to all Trustees as soon after the vacancy as practicable. When a vacancy occurs, the Board may, at a regularly scheduled meeting of the Board, compile a list of not more than three (3) names for each vacancy and submit said list to the Mayor for his or her selection and appointment. Submission of names shall be forwarded to the Mayor by the Director. The same process may be followed for Trustees whose term is expiring and who are eligible for reappointment. It is understood by the Board that the Mayor and Governing Body are under no obligation to accept any names forwarded by the Board.

3.3 Officers of the Board:

            The Board shall elect annually, during the June meeting, all officers set forth herein.  Officers shall assume their duties July 1 of each year.  Officers shall consist of, at least, a Chair-Elect (to serve as Chair of the Board beginning July 1 of the following year), and a Secretary.  Therefore, the officers of the Board shall consist of the Chair (the previous year’s Chair-Elect), a Chair-Elect (to become the Chair of the Board on the following July 1), and a Secretary.

            Inasmuch as elected officials serve by assignment of the governing body and are not subject to fixed terms, no elected official may be elected as an officer of the Board.  However, nothing herein shall prohibit an elected official serving on the Board from voting, voicing opinions, or any other reasonable activity of a Board Member.

3.4 Conducting the Business of the Board:

            The Board shall not conduct business unless a quorum is present.

            The Board Chair is considered a voting member of the Board and may participate fully in discussions and the business of the board including the making and seconding of motions.

            In the event that the Chair is absent the Chair-Elect shall conduct meetings. In the event that both the Chair and the Chair-Elect are absent, the assembled Board members will elect a Chair Pro Tempore to conduct the specific meeting being convened.

            If a tie vote is occasioned by an abstention, the matter is considered failed. Votes are considered to be passed only when a quorum is present and when the majority of those present vote favorably.

            If a conflict of interest arises between any Board member and any matter under consideration, the Board member with the conflict shall in all cases acknowledge the conflict and make it known to the Board. He or she may recuse himself or herself from voting on the subject in which the conflict arises.

3.5 Duties of the Board

The Board is a policy making board: “The board shall…establish policies for its [the library’s] operation” [USC 9-7-404(2)(b)].

The Board shall act as an advisory body to the Mayor, the Governing Body and to city administration in non-policy areas.

            The Board shall advocate for and promote the Library and be aware of and promote its functions, duties, facilities, displays and programming, and raise community awareness of the Library and its offerings.

            The Board will forward possibilities for issue resolution and carry out the appropriate intent and instruction the City Council, the Library Ordinance, and these Bylaws.

The Board shall meet as often as necessary, but in no case shall the Board meet less than once each calendar quarter.  Anticipated meeting times and places will be posted in accordance with applicable law and City policy. Meetings shall be conducted in accordance with the State of Utah Open and Public Meeting Laws.

             The Board will review this Master Policy on a regular basis, in conformity with the policy and/or state or federal regulation, but not less than by tri-annually.  This policy shall constitute the entirety of policy regulating the Library and may be amended from time to time as occasion requires.

The Board shall be considered the final appellate body, outside of the appropriate court, for challenges made to materials located at the Library. In this responsibility the Board will seek legal advice from the City’s Legal Department and input from the Cedar City Council through its representative Board member. Other professional, ethical, and legal input may be sought as needed.

Working within the City’s personnel policy, the Board shall be considered the appellate body for conflict resolution between the Director and any individual Board Member.

The Board shall be kept informed, in a manner consistent with privacy issues, legislation and City policy, of matters of conflict or grievance between the Director and any staff member.

Personnel issues and matters shall be controlled by the City’s Personnel Policy. 

            The Board shall review the annual budget as prepared by the Director and regularly review expenditure reports as generated by the City as they become available to the Director.

            The Board shall review and amend the annual report to the City Council as generated by the Director.

            The Board may appoint individuals or committees or additional officers from the Board to assist in the operation of the Library as it relates to functions that are not directly withheld from the Board.

            The Board may suggest and implement necessary and proper policy changes that are not inconsistent with established law and policy.

            Inasmuch as USC refers to the Board’s role in hiring and compensating the Librarian or Library Director, the Library Board shall maintain an active role in the hiring of a competent person as Librarian (Director) by electing one or more Board Members to serve on the committee(s) concerned with review and selection of applicants and hiring. Hiring of personnel shall be controlled by the City’s Personnel Policy.

            The Board may delegate to the Director appropriate functions as they deem prudent and necessary.

4.0 Duties of the Director

Inasmuch as the Library Director is an employee and department head of the City and thereby subject to the rules and regulations of the City, it is understood that implementation of local or other legislation, liability issues, implementation of City policy and procedure, budget preparation and processes, personnel issues and processes, and the daily operation, maintenance, and scheduling of the Library facility fall under the procedures, practices, and auspices of the City.  However, it is incumbent upon the Library Director to (1) assure that the Board is well informed, (2) provide the Board with information and documentation necessary to make informed decisions, (3) and correctly fulfill the Board’s statutory roles.

5.0 Youth City Council and Youth Advisory Council

            The City participates in a Youth City Council Program. If a Youth City Council member is assigned to the Library, said Youth City Council member may attend and participate in all public meetings of the Board. Under no circumstance shall a Youth City Council Member be granted a vote or be calculated in the formation of a quorum.

            The Library has established a Youth Advisory Council (YAC) of 12- to 18-year-old youth. The role of the YAC is to plan activities and assist proper and engaging programming for the specified age group. The YAC is advised by a staff member. YAC members may attend and be active in all public meetings of the Board. Under no circumstance shall a YAC member be granted a vote or be calculated in the formation of a quorum of the Board.

6.0 Use of the Library

            The Board encourages the use of the Library facility and the Library’s collection. This section outlines requirements for Library use.

6.1 Obtaining a Library Account

Iron County residents or property owners may use the Library’s physical or electronic collection without charge. (Online registration allows account holders to use the Library’s eCollections for up to thirty (30) days without a permanent card and, therefore, without charge).

6.1.A Permanent Account – Potential account holders who apply in-person for library privileges must provide (1) photo identification and (2) reasonable proof of residency or Iron County property ownership. Minors, age seventeen (17) and under, may obtain a library account with the authorization of a legal adult who contracts to be responsible for loss or damage of library materials.

6.1.B Temporary Account – Account holders may register online through the Library’s website. Online registrants have full access to any eCollection for which online, off-premises rights have been secured. Online registrants may gain access to the Library’s full collection by following the process outlined above.

6.2 Circulation of Library Materials to Account Holders

            Only permanent account holders may remove items from the library. Any and all items removed shall be subject to the circulation periods, fees and fines associated with the material removed from the library.

6.3 Restricted Items

            The Director may restrict certain items from circulation. Restrictions may include: non-replaceable or difficult to replace items, items that are rare or considered valuable, unique items, items of local history or local importance, any item housed in the Library’s Special Collection’s area.

6.4 Non-Resident Accounts and Fees

Account holders who are not residents or who do not own Iron County property may be issued a non-resident card. A non-resident card assures the card holder all library privileges accorded to residents.

Requirements and parameters for non-residents cards include:

    A non-refundable prepayment of the nonresident fee shall be paid prior to card issuance.
    Non-resident cards shall have a one-year expiration date and the annual fee.
    The annual non-resident fee will be calculated as of July 1 of each year as follows:

Current Annual Operating Budget/Population of Cedar City at last annual report

(rounded up to the nearest $5).

7.0 Circulation

            The Board establishes the following rules for circulation.

7.1  Responsibility

1.      Each account holder is responsible for all materials drawn on the holder’s account and for all charges accruing to the same.

2.      The safety and security each library card is the responsibility of (a) the account holder to whom the card is issued or (b) the responsible adult noted on the application card. The library staff is instructed to circulate materials to any account holder presenting a card so long as the account holder identified by the card is not in violation of other portions of this policy.

3.      An account holder may not change personal account holder information without adequate assurance that he or she is the account holder.

7.2  Circulating Non-Physical Materials

Circulation of the Library’s eCollection shall be in accordance with contractual obligations between the Library or the contract negotiator and the eCollection service.

7.3  Lending Periods

1.                  Unless otherwise specified herein materials shall be loaned for a period of three (3) weeks. Materials may be renewed twice if no account holder is waiting for the material.  If account holders are waiting for the material, the material may be renewed for only three (3) working days and the account holder who currently has the material shall be informed of the due date and told that a hold or holds on the item exist. Account holders are not to be informed who is waiting for the material.

2.                  Certain materials may be designated for overnight circulation.  The Board hereby grants the Director flexibility in designating materials for overnight circulation.

3.                  Video materials, those materials that project a moving visual image regardless of format, circulate for one (1) week.  Materials may be renewed twice if no account holder is waiting for the material.  If account holders are waiting for the material, the material may be renewed for only three (3) working days and the account holder who currently has the material shall be informed of the due date and told that a hold or holds on the item exist. Account holders are not to be informed who is waiting for the material.

4.                  Materials on reserve for special assignments shall not be loaned during the period the material is on reserve.

8.0 Library Fines, Fees and Replacement of Materials

1.                  Fines shall be recommended by the Library Board and set annually as part of the fee schedule as resolved by the Cedar City Council.

2.                  Fines – Procedures

a.       A one-day grace period is allowed for all borrowed materials except overnight materials.

b.   Billing statements for overdue materials shall be generated and sent each working day.  Each account holder with unreturned materials shall receive up to three (3) notices.  After the final notice, the library may engage in legal or collection action against the account holder.

c.       If the item is returned in good condition, only the overdue fine will be charged.  If an account holder pays for a lost or damaged material the library shall waive accrued fines for that specific material.

d.      Library privileges will be suspended for account holders with outstanding bills exceeding $50.00 (including fines, lost items, charges for damage, or any other charges).  -65Account holders wishing to replace materials may do so rather than paying for the material.  This will be allowed only if the replacement material they offer:

                                                              i.      Is of a quality equal to or better quality than the damaged or lost material; AND

                                                            ii.      Is the same title and author as the lost or damaged material; AND

                                                          iii.      Not older than the damaged or lost material; OR

                                                          iv.      The account holder offers adequate materials in useable condition that meets or exceeds the value of the lost or damaged material.

9.0 Reservations or “Holds”

Account holders may reserve or place a “hold” on library materials. Reserved materials will be held for five (5) working days after the notification is generated.

Potential room users may reserve electronic equipment or other assets for in-house use according to the Room Use section of this policy.

10.0 Unattended Children

Children* are to be physically attended, at all times, by a responsible party. If children appear to be unattended, library personnel should follow prudent measures in locating the responsible party. Prudent measures are defined as:

1.                  Remaining with the child and staying in open and public areas while searching for the responsible party.

2.                  Initiating or maintaining as little physical contact with the child as possible. Staff should not make physical contact with a child if it can be avoided. There should be no contact that could be considered inappropriate or intimate.

3.                  Never attempting to help a child behind closed doors, in a restroom, by changing a diaper or other intimate contact unless within emergency circumstances and then only in the presence of another staff member.

If and when the responsible party to the unattended child is identified, the staff member shall:

1.                  Explain to the responsible party the circumstances under which the child was located.

2.                  Explain to the responsible party that the child should remain in the immediate care and vision of the responsible party.

If an unattended child appears to have been the victim of a crime, staff will call the necessary emergency personnel (police or ambulance) and quarantine the area to protect the possible crime scene.

If an unattended child appears to have been abandoned, library personnel are to call the police. Neither the Library nor the City is responsible for children left outside of the library building.

11.0 Disruptive Patrons

If a patron becomes disruptive and refuses repeated attempts from staff to quiet the situation, staff may ask the patron to leave the library.  Further disruption will be considered reason to contact the police.

If a disruptive child is an attended child and repeated attempts to quiet the child fail, staff may ask the responsible party to remove the child from the library.  Further disruption will be considered reason to contact the police.

12.0 Library Use and Room Use

            The Library has several rooms and display areas for the use of the public as well as the Library. Room use will generally be restricted to regular, posted open hours. Rare exceptions that do not have a budgetary impact may occur with the permission of the Director. Library sponsored events will be proffered priority in scheduling.

12.1 Food

            The Library does not prohibit food or drink except in the Special Collections Room and in the Technology Areas, including in the vicinity of the computer workstations in the Classroom. Food, however, should be kept simple and not require assembling or preparation. Beverages should be kept in closed containers. Damage to equipment, furniture, fixtures, flooring, etc., as a result of food or drink may be charged to the patron who caused the damage.

12.2 Animals

            Non-service animals are not allowed in the Library unless approved by the Director for special activities or presentations.

12.3 Technology Areas (Computer Lab and Carrels)

            The Technology Areas are open to the public during the Library’s open hours and should not be scheduled for individual or independent use.

            In order to maximize use of the Technology Areas, a time limit of one (1) hour per day per patron is imposed. If necessary to accommodate high volume periods, the one (1) hour time limit may temporarily and on a day-to-day basis be shortened. At no time may Technology Access be shortened to less than thirty (30) minutes. If technology work stations are available, the one (1) hour time limit will not be enforced.

            No food or drink is allowed at technology work stations.

12.4 Craft Room

            The Craft Room may be used for any proper Library purpose including stories, story times, crafts, projects, and displays. Its use may be scheduled according to Library procedure. The Craft Room is expected to be left neat and tidy and be restored to its proper order. The Craft Room is open to the public if not scheduled. Though story times and activities may generate a noisy atmosphere, excessive noise from the Craft Room is discouraged.  The Library does not supply craft or activity materials for non-Library sponsored events.

12.5 Group and Individual Study Rooms

Rooms are provided for quiet study.  Reservations are urged but not required. In order to avoid conflict with patrons who have reserved study rooms, walk in patrons wishing to use a study room are asked to reserve the study room for the estimated length of their intended use. Patrons who have reserved study rooms will be given priority over walk-in patrons who request study room use.

12.6 Meeting Rooms

Meeting Rooms are provided by the Library. Meeting Room reservations are strongly encouraged and those who have reserved a meeting room will be given priority over walk-in patrons who request Meeting Room use.

12.7 Classroom

A Classroom is established to provide (1) extra meeting space, (2) a classroom for individual, small group, and/or computer instruction, and (3) a center for community learning. Classroom reservations are strongly encouraged and those who have reserved the Classroom will be given priority over walk-in patrons who request meeting room use. This room will remain locked when it is unoccupied.

12.8 Special Collections

Special Collections, also known as the Rare Book Room, will be kept locked. This room may be attended and opened to the public as budget or volunteer services allow. Users of this area should be monitored regularly. Except for meetings of the Board, the scheduling of this room for meetings is discouraged.

12.9 Testing Center

Testing Center priority shall be given to students for whom the Library proctors exams.  Proctored sessions must be scheduled in advance. Otherwise proctoring services will be at the convenience of the staff. Proctored exams will be scheduled for the maximum allowable length of the exam. All examinations must be completed so as not to have budgetary impact.

The Testing Center houses a scanner and speakers and may be scheduled or, as available, for patrons needing those technologies. Users with advanced knowledge of their needs may schedule the Testing Center for two-hour blocks.

If all priority needs are met, the Testing Center may be used as an additional computer workstation for walk-in patrons.

12.10 American Legion

            Nothing herein will obstruct or disrupt the proper execution of an agreement with the American Legion, dated May 29, 2003. Efforts will be made to accommodate the American Legion and veteran groups’ reasonable requests. However, use of and access to the Library’s meeting rooms are to be in accordance with this policy. Neither the American Legion nor any entity other than the City has an ownership interest in the Library.

12.11 Gallery Policy

Artist: The creator of the exhibited piece(s) of art. The Artist or the Artists, if artwork is collaborative.

Artwork: An individual piece of art whether part of a collection or not

Catalog: A written description of the Artist's work(s) including previous shows or exhibitions in which the Artist has participated, artist's statement, résumé, chronology of artwork, descriptions of the Artist’s works in the current exhibition, and similar information.

Exhibition: The showing of artwork, in whatever form, at the Library during a specified time.

Exhibition Window: The specified time-frame that the exhibition is to be open to the public at the Library, plus three (3) days prior to the exhibition’s opening and three (3) days after the exhibition’s closing. The exhibition window may vary based on the nature of the exhibition and/or any contracts accompanying the exhibition. It is anticipated that most exhibition windows will be between three (3) weeks and five (5) weeks.

Label: Written information regarding the artwork, including the name/title of the artwork, the Artist's name contact information, and information about the price and purchase of the artwork.

Medium: The materials with which an Artist works.

12.11.A  Gallery Wall and Art Displays

            The Library encourages the arts and recognizes various methods of artistic expression. The Library further recognizes and supports individual artistic expression. However, because of the open and public nature of the Library, it is improper to display visual depictions of subject matter, including words, which are pornographic, obscene, or vulgar (as described in Section 13.1.B of this document), or demeaning to race, religion, creed, color, national origin, gender, sexual orientation, or age, or that the Library deems inappropriate.

            The Library has approximately sixty (60) feet of wall space along the gallery corridor. Depending on the exhibition, additional space may be considered for display.

            All artwork must be display-ready upon arrival at the Library. The Artist is responsible for the installation of the artwork. All costs affiliated with preparing artwork for an exhibition are the responsibility of the Artist. If the Artist desires the artwork to be labeled, the Artist will provide the labels. If the Artist desires to create or distribute a catalog, the Artist will bear all catalog expenses.

            Unless otherwise agreed in writing, the terms of this section will apply.

            In order to assure proper time, and attention is allotted to each exhibition, no more than ten (10) exhibitions shall be held annually.

12.11.B Sales and Insurance

            Neither the Library nor any member of the Library’s staff shall engage in, promote, or encourage the sale of any artwork or collection of art, nor promote one artist or medium of art over another. Any and all information about selling any artwork will be handled by the Artist through the label or catalog as described herein.

            Artists who wish their work to be insured during an exhibition or at any time that the artist’s work is in or on City property shall provide said insurance and shall provide a certificate of insurance to the Library.

12.11.C Waiver of Liability

            All artists shall sign the Library's a waiver of liability form, and thereby to Cedar City Corporation, holding the Library, the City and any and all Library or City staff or volunteers harmless in the case of damage to, or breakage of, the Artist’s property.

12.11.D Diversity of Exhibition Themes, Genres and Media

            The Library will encourage and seek exhibitions that are diverse in theme, characteristics, genre, and media, and that forward local themes.

            Examples of artistic media to be encouraged and sought include, but are not limited to, two- and three-dimensional fine art, illustration, video, photography, literary art, graphic design, quilting, fiber arts, ceramics and pottery, sculpture, book and paper making, puppets, assemblage and collage, abstract art, and other media.

12.11.E Competition and Uniqueness

            The Library recognizes the existence of other galleries as well as associations and organization that display works of art. The Library shall not knowingly infringe on the rights, missions or contracts of other galleries or any association or organization.

Artists are responsible to assure that the property rights, intellectual property, copyright, or ownership rights are not infringed.

12.11.F Encouraged and Sought-after Exhibitions

            The Library will encourage and seek exhibitions from local artists, local art associations, local organizations, state and federal organizations that offer non-permanent exhibitions, schools (public, private and charter), high school aged minors that are home schooled, and institutions of higher learning.

12.11.G Retained Art

            The Artist retains ownership and copyright of all artwork during the exhibition window at the Library. All artwork must be removed from the Library within the exhibition window. Pieces of artwork, tools, hanging or display instruments, equipment and other items not removed from the premises within the exhibition window shall be considered abandoned and, therefore, the property of the Library to dispose of as it sees fit.

12.11.H Application to Display

            All artists wishing to exhibit their artwork at the Library shall, either in print or electronically, submit a letter and portfolio of application to the Library. Said application shall contain:

    The name and contact information (complete address, telephone number, email address) of the applicant.
    Photos or depictions of representative samples of the Artist’s work.
    The proposed number of pieces in the exhibition.
    The requested dates for the exhibition.
    Proof if insurance, if the Artist is selected) if the Artist wishes the exhibition to be insured.
    A plan to advertise the exhibition outside of the Library’s plan (see 12.11.I).
    Confirmation that the Artist, if selected, will sign the Waiver of Liability document associated with the proposed exhibition.
    Confirmation that the Artist, if selected, grants permission to the Library to photograph and archive representative artwork for historical purposes

12.11.I Planning, Marketing and Advertising – Library Commitment

            The Library will, as closely as possible, develop and retain a tentative twelve (12) month exhibition calendar. Both tentative and confirmed events shall be itemized on the calendar.

Marketing and advertising of any exhibition shall be the primary responsibility of the Artist. The Library will, however, advertise and market the exhibition (not the sale of pieces) through the Library’s website and social media accounts that are in place at the time of the exhibition, the Library’s lobby television, by sending information about the exhibition to the Library’s press contacts including the Mayor’s newsletter, creating and distributing bookmarks, and sending the necessary information to local newspapers at least ten (10) days in advance of the exhibition opening. Further, the Library will send an email “blast” to all parties that have subscribed to the Library’s email event list.

Gallery Policy and Procedure

Attachment 1

Having authority for myself (individual) and/or the organization I/we (groups, organizations, associations) represent, I/we the undersigned acknowledge and agree to display works of art at the Cedar City Public Library under the following terms:

    I/we agree to indemnify and hold harmless Cedar City Corporation, its elected and appointed officials, all employees, volunteers, agents, and assigns from any liability related to damage to or loss of the artwork or accoutrements that may occur while said art work or accoutrements are in the library.  The scope of this indemnity and hold harmless statement includes damage or loss resulting from actions of third parties not employed by Cedar City Corporation as well as actions of those persons employed by, agents of, or volunteering for Cedar City.
    I/we understand and agree that any insurance related to any or all exhibited artwork at the Library will be at the expense of the Artist.
    I/we understand and agree to the exhibition window that begins ____/____/____ and ends ____/____/____, and I/we understand that artwork will not be received at the Library prior to or held after the exhibition window without prior written consent.
    I/we understand and agree that all artwork will arrive display-ready at the expense of the Artist. (The Library can provide information about display devices that work well).
    I/we understand and agree that no artwork that is inappropriate for family audiences will be allowed, including those containing words or visual depictions which are pornographic, obscene, vulgar, or demeaning to race, religion, creed, color, national origin, gender, sexual orientation, or age. Minimum standards for display are described under UCA §76-10-1228. No artwork shall be allowed that contains or portrays: human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, or sodomy; fondling or other erotic touching of human genitals or pubic region; fondling or erotic touching of the human buttock or breast; less than completely and opaquely covered genitals, pubic regions, buttock; display of the female areola; flagellation or torture by or upon a person who is nude, in undergarments, a mask, or revealing or bizarre costume or depictions of being fettered, bound, or restrained on the part of the previously described person; exploitation or devotion to illicit sex or sexual immorality; or artwork that is harmful to minors. The exhibition or gallery coordinator, in consultation with library administration and legal counsel, will have the final word on the appropriateness of artwork.
    I/we understand and agree that representative examples of exhibition may be photographed and archived at the Library for historic purposes and/or to advertise the exhibition.
    I/we understand and agree that neither the Library nor Cedar City Corporation nor any employee thereof is authorized to market or sell any artwork from the exhibition, unless said employee is an exhibiting Artist and then only if the employee acts as an agent unto him/herself.
    I/we understand and agree that any marketing or advertising of the exhibition will be the primary responsibility of the Artist. However, the Library will promote the exhibition through the Library’s website and social media accounts that are in place at the time of the exhibition, the Library’s lobby television, by sending information about the exhibition to the Library’s press contacts including the Mayor’s newsletter, creating and distributing bookmarks, and sending the necessary information to local newspapers at least ten (10) days in advance of the exhibition opening. Further, the Library will send an email to all parties that have subscribed to the Library’s email event list (Master Policy, proposed, 12.11.I).
    I/we understand and agree that no monetary remuneration will transfer from the Library or from Cedar City Corporation to an Artist for exhibition expenses without prior written consent.
    I/we understand and agree that once the exhibit is over Cedar City Corporation has no duty to store the artwork and accoutrements.  It is my/our responsibility to promptly remove the artwork and accoutrements from the library.  Any and all artwork or accoutrements left in the library beyond the exhibition window, as that term is defined in the Library’s policies, may be disposed of by the library in any manner the Library sees fit.  By leaving the artwork or accoutrements in the Library longer than the exhibit window, I/we waive any ownership or property rights in the artwork or accoutrements.

Agreed to this ____ day of __________, 20___.

Artist(s) representing ___________________________________________________________


Contact Information____________________________________________________________


___________________________________              ___________________________________

Print                                                                            Signature

___________________________________              ___________________________________

Print                                                                            Signature


___________________________________              ___________________________________

Print                                                                            Signature


For Cedar City Library                                               ___________________________________

                                                                                    Steven D. Decker, Library Director

13.0 Collection (Print and Electronic)

            The Library’s collection shall be assumed to include any material in any format which the Library purchases or has contractual or consortial access. These formats include, but are not limited to print, downloadable collections (eCollections), the Internet, databases, audio and video formats.

13.1 Internet Use

            Internet Use in the Library pertains to technology access points in the Technology Areas and staff areas. It extends to personal access devices that are used in such a manner that allows unwelcome viewing by any Patron other than the device user.

            Neither the Library nor the City is responsible for personal information gathered by patrons as a result of another patron’s computer use.

13.1 Internet Use
            Internet use applies to all access points through which an Internet connection is provided by the Library, including private devices. This policy applies only to online images.

            Neither the Library nor the City is responsible for personal information gathered by third parties as a result of another patron’s computer use.

13.1.A Content Filter
            The Library uses a content filter designed to restrict access to obscene, essentially prurient, or pornographic material. The filter may be disabled on certain workstations if necessary.

13.1.B Pornography – Definitions, Prohibited Conduct and Consequences of Violation

Signage with the following wording, as italicized, shall be placed in computer areas: Patrons using these facilities should be aware that the viewing of materials harmful to minors, including nude or partially nude images, is a crime and may be prosecuted under Title 76 Section 10 of the Utah Code.

“Depiction of illicit sex or sexual immorality” means a visual image that shows or exhibits:

i.        Human genitals in a state of sexual stimulation or arousal;

ii.      Acts of human masturbation, sexual intercourse, or sodomy;

iii.    Fondling or other erotic touching of human genitals or pubic region; or

iv.    Fondling or other erotic touching of the human buttock or breast.

            “Harmful to minors” shall mean that quality of any visual image, in whatsoever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse when it:

I.          Taken as a whole, appeals to the prurient interest in sex of minors;

ii.         Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and

iii.        Taken as a whole does not have serious value for minors.

“Nude or partially denuded figure” means:

I.          Less than completely and opaquely covering human:

1.         genitals;

2.         pubic regions;

3.         buttock; and

4.         female breast below a point immediately above the top of the areola; and

ii.         Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

“Sado-masochistic abuse” means:

i.          Flagellation or torture by or upon a person who is nude or clad in undergarments, a mask, or in a revealing or bizarre costume; or

ii.         The condition of being fettered, bound, or otherwise physically restrained on the part of a person clothed as described above.

“Serious value” includes only serious literary, artistic, political or scientific value for minors.  A depiction of illicit sex or sexual immorality has no serious value for minors.

A person may not publicly display on a computer screen within the Library any motion picture, or any live, taped, or recorded performance, or any still picture or photograph, or any book, pocket book, pamphlet, or magazine the cover or content of which:

A.        Exploits, is devoted to, or is principally made up of one or more depictions of illicit sex or sexual immorality;

B.        Consists of one or more pictures of nude or partially denuded figures; or

C.        Depicts material that is harmful to minors.

            Any person found to have engaged in conduct prohibited by this section, may be trespassed (denied access) from city owned Internet accessible devices for up to one (1) year and/or may be subject to criminal prosecution. An employee that violates this policy shall be subject to discipline pursuant to the City’s personnel policy. However, nothing herein shall preclude an employee from reasonably investigating and documenting cases of violation including accessing a workstation’s history and/or adding a particular URL to technology protection measures.

            The Library staff shall maintain a current list of all persons who have had their Internet and computer access privileges revoked.  This list shall include the individual’s name, the date of revocation, the date the revocation expires, and as much information as is necessary (including witnesses) to enforce or legally defend the revocation including a description of the material that lead to the revocation.

            Any person trespassed for the reasons described in this section shall have ten (10) days to submit a written appeal request to the Library Director.  The request shall state in plain terms the appellant’s basis for appeal. After consultation with the City’s Legal Department, the appeal shall be answered within ten (10) days by the Library Director or by the Legal Department.

            Nothing herein shall require or preclude an employee from removing the technology protection measure. Such a decision shall be based on the description of the information need from adult information seekers.

13.2 eCollection

            While it is not anticipated that the Library will cease collecting physical items, a certain and ever-increasing amount of items are and will be collected in electronic formats of various kinds. To the extent possible the Library will apply the same principles and guidelines to its eCollection as to the physical collection. However, the Library recognizes an exception to policy in the case of eVideo. That is: the Library will not extend its policy to avoid “R” and similarly rated video items to the Library’s eCollection.

13.3 Physical Collection

            Selectors shall, within budgetary and physical space constraints, select materials without regard to the selector’s personal attitudes toward the work, author, or subject matter. Selectors will promote a collection that is broad, eclectic and cosmopolitan. The value and impact of any material is to be examined as a whole rather than on isolated words, phrases or incidents depicted therein.

            Selectors shall understand that the Library supports the Library Bill of Rights and the Freedom to Read statement authored and adapted by the American Library Association. The Library allows the individual patron to form his or her own opinion on issues, values, and materials accessed (within legal limits, if any), without regard to the users age or perceived maturity.

13.3.A Selection Criteria

Specific selection criteria may include:

·                     Importance of the subject matter to the collection.

·                     The primary contributor’s significance or reputation.

·                     Scarcity of the material on the subject.

·                     Timeliness or permanence of the work.

·                     Availability of information on the subject.

·                     Literary quality.

·                     Format.

·                     Authoritativeness.

·                     Potential interest to people served.

13.3.B Duplication of Collections and Foreign Language Collections

The Library does not, without compelling reason, seek to duplicate materials that may be available elsewhere in the community. For example, said materials may be held at Southern Utah University or Family History Centers. The Library will not strive to collect textbooks issued by local schools. Neither will the Library collect highly specialized reference materials or materials written primarily for specialists in a particular area.

The Library will collect in foreign language as represented by the demographics of the City and as necessary to meet the intent and further the City’s sister-city relationship(s).

13.3.C Selection Aids

The Library will use current and new selection aids, as they become available, to make prudent budgetary and informational choices for the Library’s collections. Sources of selection aids may include, but are not limited to published reviews, contemporary or popular media, publishers’ catalogs, regular inspection and evaluation of new material, suggestions from patrons, and the informed judgment of the selector.

13.3.D Collection Purchases

The Library will purchase materials from reputable vendors through various means and in accordance with City purchasing policies and practices. Purchases of materials in excess of five (5) years old (from copyright) will not be considered for the collection unless they fill a specific need such as completing a series, directly replacing lost or damaged materials that would otherwise be kept or reordered, or meet another compelling criterion. With few exceptions the Library purchases new materials.  The purchase of used materials must fill a compelling need of the Library and be approved by the Library Director.

13.3.E General Guidelines – Library Collections

Literature:  The Library attempts to include notable and popular novels, short stories, poetry, and plays.

Non-Fiction:  Authoritative, current for the general reader in various fields of knowledge.

Young Adult:  Young adult materials are selected to meet the information and recreational needs of young adults from ages 12 through 17.

Children’s Materials:  Children’s materials are selected to meet the information and recreational needs of young people through age 12.  Special consideration is given to originality, imagination, graphic design, and suitability of vocabulary, context, and format.

Reference:  The Library no longer actively collects reference materials.

Audiovisual:  Audio recordings, video recordings, any combination thereof, and realia.

Special, favorable consideration may be given to award winning materials in all areas.

Other formats may include, but are not limited to, pamphlets, maps, newspapers, documents, pictures, posters, periodicals, microforms, paperbacks, large print media, and items to be housed in the Special Collections room or in the Library’s circulating special collections, i.e., Spanish and Korean language.  Other formats will be added to our collection as new technologies and innovations become available and within budgetary constraints.  Said additions will conform to the general intent of this policy and need not be specifically addressed prior to their addition to the collection.

13.4 Gifts

The Library welcomes gifts of materials, equipment or money.

Donors should be offered a release form whenever they give a gift to the Library.  (See Appendix, Exhibit 4). All gifts become property of the Library and the Library reserves the right to use them according to the Library’s needs.  Gifts will be subject to no less stringent criteria than materials suggested for purchase.  Unneeded or duplicate items may be sold, discarded, or donated to other institutions or organizations.

The Library will not provide a donor an evaluation of the monetary value of the gift for tax or other purposes.

Large, rare and valuable donations may be evaluated and appraised by a specialist not affiliated with the Library.  Such valuations will be at the donor’s expense unless authorized by the Board prior to the valuation.

Gift books used for the collection are to be in new or nearly new condition.  Gift materials will not be used to begin the acquisition of a series unless the gifted materials address a series that would otherwise be ordered.

13.5 Special Collections Exempted from Collection Development Policy

Special Collections area is governed by the Special Collections Policy.

13.6 Weeding or De-acquisition

The Library maintains an active policy of discarding outdated material, material no longer in demand, duplicate or surplus material, worn or mutilated material, and material which no longer contributes to the total collection.

13.7 Interlibrary Loan

Materials available through Interlibrary Loan (ILL) will be considered an extension of the Library’s physical collection. Circulation and availability of ILL materials are governed by the lending library.

13.8 Challenged Materials

The Library will consider patron objections to materials in its collection only when objections are submitted in writing.  Written requests to reconsider a work must include the name of the work, the author, and a description of the offending material and include the name and contact information of the challenger.

Requests to reconsider a work shall not exceed one (1) page in length.

After review of the material and discussion with appropriate legal counsel, the Director will give a written response within four (4) weeks.  Appeals of the Director’s decision may be made to the Board within four (4) weeks of the Director’s decision.  The Board will review the material(s) and the Director’s decision and (1) refuse to consider the appeal; or (2) hear the appeal and render a decision within four (4) weeks.

Criteria for challenge, decision, and/or appeal shall be based on this policy.  Challenges to the Director’s decision shall be:

i.                    Submitted in writing by the challenger and clearly state the reason for the challenge.

ii.                  Reviewed in an open and public Board meeting, with a quorum present, where legal counsel to both parties is invited to be present.

iii.                Reviewed in a manner that grants equal time to both parties. All determinations of the Board are final.

At no time shall the Board, its members, the Director, nor any member of the staff discuss the challenge, either privately or in public except through proper and adequate reporting practices by the Library Director to the American Library Association or as directed by legal counsel.

14.0 Privacy

            It is the policy of the Library to protect patrons’ privacy. Without subpoena or court order no employee or volunteer will disclose to any person, patron, family member, or law enforcement or legal official the materials, in any format, that any patron has checked out, viewed, requested or accessed.

            If circumstances seem appropriate Staff may disclose to law enforcement or legal officials whether a person has been seen at the Library.

15.0 Special Collections

A Special Collections Room is maintained. This room houses a specific collection described herein, below.

Inasmuch as the nature of Special Collections is such that old or worn materials are collected, nothing in this policy shall be construed to mean that the Library is required or directed to acquire materials of any nature that are inherently damaging to the collection.  Such materials might include those that are wet, mildewed, molded (or show signs of mildew or mold), damaged by insects or pests, or have upon or inside of them matters of unknown or unwanted origin.

            Cedar City Library does not have the capability to engage internal climate controls that are often affiliated with efforts of preservation and archiving.  Therefore, the Library will consider as “out of scope” the selection or acquisition of materials that would reasonably necessitate such controlled conditions.

            No food or drink is permitted in the Special Collections Room.

            Ink is prohibited in the Special Collections Room. Only #2 pencils are to be used in this area.

            Access to the Special Collections Room is limited to attended open hours or by permission.

            Because of the unique nature and possible expense of the materials housed in the area, unaccompanied minors may be denied access to the Special Collections Room.

15.1 Selection

Selection will be shaped by annual budgets, fund raising efforts, and the ability to receive donated materials in accordance with this policy.

Costly materials (those materials having a value equal to or above $200), either individually or as a set, whether by gift or purchase, shall be reviewed for placement in the Special Collections Room.  However, said materials must meet the remainder of the criteria of this policy.  Materials generally not considered for inclusion are encyclopedic sets, dictionaries (single or multi-volume sets), and like sets.

15.2 Digitization and Microforming

The Library will not routinely engage in digitization and microforming.  Evaluations of such projects will be accomplished on a project-by-project basis as funding becomes available.  If the Library engages in such projects, Library Administration shall assure that competent individuals or firms are selected to perform the work.  With appropriate training said individuals or firms may be employees of the Library or any or all of the stages of any particular work may be out sourced.

15.3 Weeding or Deselection

Under the provisions of this policy, and in accordance with current budgetary issues, the Library will generally not seek to replace lost or stolen materials. Nor will the Special Collections Room be considered a priority for de-selection. Further, the Library will not generally seek to duplicate other materials held in Special Collections, but may duplicate materials held in the general collection. Any weeded material will be discarded in accordance with City policy.

15.4 Processing and Repair

            Processing of Special Collections materials will be minimal and in a manner that does not permanently damage or affix items to the materials. All Special Collections materials will be cataloged in the general catalog of the library, identified as non-circulating items, and properly shelved and identified in the Special Collections Room.

            Library personnel will make no attempts to repair or restore Special Collections items without consultation and guidance of a credible source. Because of lack of expertise most repair or preservation efforts will be outsourced.

15.5 Duplication

Southern Utah University’s Gerald R. Sherratt Library houses and maintains a special collections area.  SUU’s special collections area is dedicated to “…protecting and preserving rare, valuable and fragile materials generally, our collection development policy focuses on acquiring materials specifically relating to Utah history, southern Utah, the life and works of William Shakespeare and the Native Americans of southern Utah, in particular the Paiute Indian Tribe.”*

Thus, one could reasonably expect some areas of overlap in the collections. However, the Cedar City Library’s emphasis on libraries, schools, and military service should prove distinctive.